Section He-P 2153.13 - Variances(a) Applicants or certificate holders seeking variances from specific rules, or from items in the NSSP Guide, as incorporated by reference in He-P 2152.01, shall complete and submit a "Variance Request Form" (SSVARFORM February 2023) to the: NH Department of Health and Human Services
Division of Public Health Services
Food Protection Section
29 Hazen Drive
Concord, NH 03301
(603) 271-4589
(b) The commissioner shall approve a request for variance if:(1) The commissioner concludes that authorizing deviation from strict compliance with the rule or the item in the NSSP Guide, as incorporated by reference in He-P 2152.01, from which a variance is sought does not contradict the intent of the rule or the item in the NSSP Guide; and(2) The alternative proposed by the applicant or certificate holder ensures that the objective or intent of the rule or item in the NSSP Guide, as incorporated by reference in He-P 2152.01, from which a variance is sought will be accomplished.(c) The commissioner shall deny a request for a variance if: (1) The request does not meet the requirements of (a) above; or(2) The request does not meet the criteria for approval in accordance with (b) above.(d) If a variance is approved, the certificate holder's subsequent compliance with the alternatives approved in the variance shall be considered equivalent to complying with the rule or the NSSP Guide, as incorporated by reference in He-P 2152.01.(e) A variance shall be approved for one year or until the expiration of the current certificate, unless otherwise specified by the department.(f) No request for a variance concerning any statutory provision or the rules of other state agencies referred to in this chapter shall be approved.N.H. Admin. Code § He-P 2153.13
Derived from Volume XXXIV Number 46, Filed November 13, 2014, Proposed by #10704, Effective 10/23/2014, Expires10/23/2024.Amended by Number 10, Filed March 9, 2023, Proposed by #13569, Effective 2/25/2023, Expires 2/25/2033.